City Council Moves Forward With Homelessness Ordinance

Following a sometimes emotional debate late into Monday evening, the Pasadena City Council voted 7-1 to move forward with developing a municipal ordinance addressing homelessness.

The ordinance was originally taken up by the Public Safety Committee last week. At the direction of Chair John Kennedy, the committee moved the ordinance to the Council for full consideration without its recommendation.

The proposed ordinance — which would be developed by the City Attorney’s office, and would return to the council for a first reading later in the month — would establish boundaries of various business districts, including the Playhouse District, the Old Pasadena, South Lake, and Hastings Ranch and would “prohibit camping or lodging” in those areas.

It would also “prohibit, on all public sidewalks, alleys, streets or other public spaces, begging or soliciting of alms involving threatening, coercive, or menacing behavior.”

Following a hours-long discussions from both the council and public speakers, the council also decided that additional business districts might be added to the ordinance.

Much of Monday night’s discussion centered around the importance of the measure not being a “punitive” act against the city’s homeless but rather a means of support for them, as the ordinance also recommends that the city develop and prioritize a policy of pursuing the development of permanent supportive housing on land already owned by the city.

“Permanent supportive housing is really the only thing that works (against homelessness),” said William Huang, Director of Pasadena’s Department of Housing.

In addition, said Huang, the proposed ordinance would also appropriate $250,000 from the balance of the 2016 Housing Successor fund for the establishment of a landlord reimbursement fund to protect landlords who rent to homeless tenants; $50,000 to expand the Homeless prevention fund, $75,000 to expand the the Motel to Housing Voucher Engagement program, and $95,000 expansion of the Rapid Re-Housing program.

Those elements added elements which garnered support.

“I won’t support anything like this that does not include permanent supportive housing,” Councilmember Margaret McAustin said.

Homeless caseworkers would also be placed in Pasadena libraries as part of the new ordinance, since so many of the city’s homeless population spend their days there.

As Chief Assistant City Prosecutor Will Rivera explained to the council, “We are not looking at status here, it’s about conduct.”

A number of cities have enacted far more aggressive ordinances, Rivera said,with some outlawing panhandling altogether.

“These are modest measures,” he said, referring to the proposed ordinance’s specifics.

While California state law already prohibits aggressive panhandling, defining it as being “accosted,” said Rivera, the new local ordinance would “lower that definition,” to include “threatening, coercive or menacing behavior.”

Councilmember Victor Gordo questioned why the ordinance was not expanded to be applicable in other areas of the city, up to becoming a city-wide ordinance, but Rivera explained that such applications might face constitutional challenges which could cost the City federal funding.

Banning panhandling or banning homeless from certain areas might be construed by the Justice Department as “cruel and unusual punishment,” said Rivera.

Councilmember Steve Madison supported the measure and explained its need.

“The problem is this group of service-resistant, aggressive, psychotic panhandlers, not families. These are severely touched street dwellers. And it’s the same people every day. We have to do something to stop this,” Madison said.

And at least one homeless resident of the city agreed. John Madison, (unrelated to the Councilman), said, “Everything you have all said tonight is true. I am homeless, and there are a few people out there who make it bad.”

“But not all of us are like that,” he said, quietly. “I don’t ever ask.”

“These people make me look bad,” Madison continued. “But criminalizing makes me look bad, too.”

Councilmember Hampton was the only vote against the measure. Responding to Councilmember Kennedy’s remark earlier in the evening regarding Martin Luther King’s support of the needy and homeless, Hampton said “Martin Luther King would never have voted for this measure.”